Dear All,

Greetings for the day!

We have a senior employee at our office who is not performing well. The grade or level he holds is that of a director. Despite having all the necessary authorities, he is unable to utilize them effectively. He has received both written and verbal warnings but is still not meeting expectations. It has been observed that he often defends or covers for his team when they are at fault. In the most recent meeting, the CEO issued a final warning for him to improve. However, post-meeting, he has failed to comply with the company's established rules and processes. The senior management is considering terminating his employment. I seek your guidance on this matter. Additionally, our company is governed by the Shop Act and not the Factory Act.

P.S.: The employee has just completed one year with the company but is senior in terms of age. He was hired based on his experience.

Regards,
Jidnyasa

From India, Pune
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If he has managerial powers, i.e., authority to sanction leave of his subordinates, appraise the performance of his subordinates, or initiate disciplinary action against employees, then ask him to resign and go. Normally, there should be a clause that specifies the termination of the contract of employment, such as the notice period. Follow that and ask him to go. Very simple.
From India, Kannur
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Thank you sir for your guidance. Also please let me know about the severance pay in this case.
From India, Pune
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There is no such compensation/ severance pay for employees having managerial authorities. pay him whatever is the notice pay as per appointment order and terminate him. That’s all.
From India, Kannur
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Thank you sir for your guidance.
From India, Pune
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